Mining changes proposed

Press, 28 April 1981, Page 22

Mining changes proposed

Wellington reporter

Widespread criticism of New Zeaqland's mining legislation has prompted the Government to commission a report which describes sweeping changes to the Mining Act. 1971. Confusion by the Acting Prime Minister (Mr Thomson) over the issuing of the report has set off speculation over what the report contains. and over opportunities for the public to comment on it. The report is an assessment of the issues of public concern over the workings of the Mining Act, and was prepared by the Wellington firm of Link Consultants. The Government asked Liink to identify areas of public concern. Link analysed what the Mining Act did, the structure, resources, and functions of the Mines Division of the Ministry of Energy, the scope and nature of public concern, and examined some options for improvement. Work has now begun on preparing a Government policy paper on mining which, together with the Link report, will be considered by the. Caucus Committee on Energy. This committee will draft a new Mining Act for which it is hoped a first, reading will be given in Parliament next year, before going to a Parliamentary Select Committee for public 'submissions and comment.

however. Mr Thomson gave a different impression. He said that the public had a limited period in which to comment on the report; he thought it would be by the end of April. In fact. Mr Thomson seemed to confuse the Link Report with a mining licence application in the. Coromandel area (on which public submissions are due by April 30) but for which an extension of time has been sought because of the preoccupation of Coromandel residents with recent flooding there. The Link Report, in its recommendations, does not go nearly as far as those it canvassed would have wished, but extensive changes to the legislation would be necessary if it was adopted. The. most specific recommendation was to distinguish more clearly between prospecting and mining. Under the Mining Act, the public is generally prevented from opposing applications for mining licences, so there is a growing tendency to oppose applications for prospecting licences earlier in the process. even if there is little objection to prospecting. Link proposes an extra form of licence — a minerals licence. This would be a further stage for the holder of a prospecting licence to give them security of tenure (for a set. period) over the land which they have pros-

peeled, without forcing them to seek a mining licence, or even where a mining licence has not been granted. Thus the holder of a prospecting licence should apply either for a mining licence to mine or for a minerals licence to hold tenure over the land. The other main recommendation is to integrate the procedures of the Mining Act with those of the Town and Country Planning Act. 1977. This would make all licence applications subject to the public hearing and appeal provisions of the Town and Country Planning Act. Most of the submissions made to Link sought this, which is current practice in many countries, and also sought that the decisions reached during the procedures should be binding. But because of the special character of mining. Link has not gone as far as this. It recommends that the Minister of Energy (Mr Birch) be given wide discretionary powers, and that decisions should not necessarily be binding. Link did not go as far as many would have liked; but the Government may not accept Link's recommendation. The feeling is widespread within the Mines Division that it would be unwise to integrate the procedures of the Mining Act with those of the Town and Country Planning Act.